Legal advice for visiting my granddaughter in Australia

It's not legal advice that is needed, it's the application of a bit of common sense.

Also the use of the word legal a strange - surely you don’t believe that you have a legal right to his time? What’s more the mother ( who I presume is your daughter ) could be looked in quite poorly for denying him his arranged time simply because you were visiting in terms of legal, at least here and I would think is aus too

Agreed Callistemon.

The OP has now started a thread under ‘Estrangement’, with a slightly different story, presumably hoping for sympathy from estranged grandparents rather than giving further detail here. I suggest posters here check out her other thread. My comments remain unchanged.

She has not heard what's she wants on this post.

Grams2five

Also the use of the word legal a strange - surely you don’t believe that you have a legal right to his time? What’s more the mother ( who I presume is your daughter ) could be looked in quite poorly for denying him his arranged time simply because you were visiting in terms of legal, at least here and I would think is aus too

I rather thought the father was her son and they were visiting the GC together. The OP does not refer to the “mother” asher daughter at all, very strange.

I believe she did in her other post about this I thought ?

Grams2five

I believe she did in her other post about this I thought ?

Yes, much better explained on 2nd post

It rather depends on the reason that the couple separated. None of you know the details. Was he guilty of coercive control? Were the police involved? Was there violence? Is he being difficult for the sake of being difficult?
Some men are you know!!

Hopefully none of the above apply. Hopefully the separation was managed well.

Grandparents often have a very supportive role when couples separate. This little girl is used to going on holiday with her grandparents once a year. Why shouldn’t she now? Continuing routines are important in the case of separation. Nonetheless I am unsure why these grandparents choose to holiday six hours drive away. Compromise would seem to be the way forward. Perhaps they could choose to stay nearer to where the grandchild lives.

In answer to the query of legal rights, grandparents have none. Even where one parent has been abusive.

Very strange message. Like others I do not understand why you are travelling all that way to see daughter and GD and yet are staying 6 hrs away from them. Surely that cuts down drastically on any time you have to spend with either of them. You are not the priority ( hard as this may be for you to accept) in this the parents are and you cannot expect to keep dad or Gd away from each other just because of your timeline. As for legal action, forget it, imo you have no grounds whatsoever for attempting to disrupt arrangements made between the two parents and probably the court, for your own convenience.

My son and my ex Dil used to live overseas when they were married great but after divorce I also have to share my time with my Gra daughter and I still do 10yrs later He has his alone time with her and I have my time with them. I don’t get alone time with her. The way you got to look. It’s his child not yours you can’t begrudge him time on his own with her. Even if you get only one day with her it’s a bonus unfortunately that is the price of divorce. Think how he feels only having a few days with his own child. I understand it’s hard but you got to put his feelings before your own. Time is precious enjoy your time you do get and let him enjoy his.

knspol

Very strange message. Like others I do not understand why you are travelling all that way to see daughter and GD and yet are staying 6 hrs away from them. Surely that cuts down drastically on any time you have to spend with either of them. You are not the priority ( hard as this may be for you to accept) in this the parents are and you cannot expect to keep dad or Gd away from each other just because of your timeline. As for legal action, forget it, imo you have no grounds whatsoever for attempting to disrupt arrangements made between the two parents and probably the court, for your own convenience.

The OP will not be alone she has already said she hires a place for her DD and GD 6 hours from where they and the father live

I agree with all the posts that state that the Father's recently negotiated arrangements to see his daughter must absolutely take precedence over any desires of the visiting grandparents, but I don't see anywhere any evidence that Cleverfairy13 is contemplating legal action ??
She requests "advice" and much excellent advice has been given.
I don't think she's thinking of taking him to court, surely, because that would be mad! Forget any moral or fairness considerations?
I agree that she should make the best of any time she can get and remain good -natured and co-operative and flexible for everyone's sake , especially her own.
Good luck , mate ..... stay sensible

The heading asks for legal advice. That implies that legal action was being contemplated.

Major Howler !!!!! I've ignored the title of the post !!!

Dunces Corner.

Easily done! 😁

Dear Cleverfairy13, I wonder if you meant to use the word ‘legal’ and were really hoping for some sensible advice about seeing your grandchildren while you are in Australia for a relatively limited time?

It looks as thought your ‘legal right’ in Australia is much the same as it is here in the UK:

‘While it is clear that the rights of grandparents to see their grandchildren in Australia can be achieved through the court, there may be instances where a grandparent may have to go one step further and apply for parenting orders.’
emfl.com.au › what-does-the...
The Rights of Grandparents to See Their Grandchildren in Australia

On the face of it, there’s time for both you and the child’s father to see the child in the six weeks. But we all know of cases where one or other party has made any contact difficult.

Compromise, compromise, compromise is what is needed and accept that grandparents very seldom have any ‘rights’. It sounds a sad situation, I hope that the trip and visit goes as well as possible. 🌷

Compromise is certainly required. Sadly all too often this is lacking in separating couples. The daughter will no doubt be very happy to see her parents and have their support at a difficult time. The ex son in law, maybe not so much and may well be very obstructive. All parties need to compromise.

maddyone going on holiday once a year is hardly a routine. I doubt the child can actually remember having been twice on holiday with her grandmother as she would have been just one year old the first time and then just two. She is only 3 now.

The time you save in not doing a 6 hour drive will surely add more opportunity to see your GD. Stay much closer and make the most of the longer days you have with GD , but please keep in mind that the child will have her own friends,plans and arrangements and you cannot demand all of her time constantly ( depends on her age of course, but if she is very young she will probably have nursery or similar which should continue irrespective of visitors)

I believe the OP has explained that they hire a place near the beach, six hours’ drive from the daughter’s home.

NotSpaghetti
I realise now that the little girl is indeed very young which does make a difference.
I simply remember my ten year old grandson being absolutely distraught only two weeks ago when we left New Zealand. Of course, our grandchildren have only lived in New Zealand for two years and are only there because of the way their father behaved. My daughter is hoping to bring the children back for four to six weeks this coming Christmas. My grandson knows this and said ‘but Christmas is forever.’’
I do think if Gransnetters have no experience of this type of situation, then it’s difficult for them to understand. I see the same lack of understanding when posters are given advise about how to behave in all sorts of scenarios. If we had not taken the advice of Gransnetters it’s just possible that we, and my daughter and her children, would not be in the distressing situation they are now in.

maddyone

NotSpaghetti
I realise now that the little girl is indeed very young which does make a difference.
I simply remember my ten year old grandson being absolutely distraught only two weeks ago when we left New Zealand. Of course, our grandchildren have only lived in New Zealand for two years and are only there because of the way their father behaved. My daughter is hoping to bring the children back for four to six weeks this coming Christmas. My grandson knows this and said ‘but Christmas is forever.’’
I do think if Gransnetters have no experience of this type of situation, then it’s difficult for them to understand. I see the same lack of understanding when posters are given advise about how to behave in all sorts of scenarios. If we had not taken the advice of Gransnetters it’s just possible that we, and my daughter and her children, would not be in the distressing situation they are now in.

While that is sad it doesn’t change the reality that the child’s situation has changed. Children of divorce rarely get to go on 4-6 week holidays because even to see the grandparents because both the child’s parents are rightly entitled to spend time with their children. And children are benefited from regular time with both parents , far more so than extended visits with grandparents. As nice and wonderful as grandparents are. The ops granddaughters fathers has ever right to say no he’s not going a months time without seeing his daughter So she’ll need to adjust - perhaps just a week at the sea this year , or ist enjoying eachothers company near to where they live. A good friend of mines daughter lives in the US with her family and since her divorce they go to visit her but she’s not returned to the uk to visit because the child’s father doesn’t want his children leaving the country. Such as the way it is in situations of divorce. While it’s difficult I can understand the thinking. If the daughter lived here and he wanted to take their children abroad where she had no readily available recourse to demand they be returned to her I doubt my friend would be advising her to allow it.

The op should go to see her daughter and grandchild and do whatever needs to done to make
The visit meet their new reality.

So much hype from people who think they know everything but actually know nothing. It would be lovely for every family if everything was nice and civilised, but often it’s not, and in some cases, for very good reasons.